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| --- | --- | --- |
| 2.1 |  | **Lease**. Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the
Aircraft, on the terms and conditions of this Agreement. |
|  |
| 2.2 |  | **Delivery**. The Aircraft shall be delivered to the Lessee at the Operating Base prior to each
use of the Aircraft by Lessee and in **“AS IS”,**“**WHERE AS**” **condition subject to each and every
disclaimer of warranty and requirements as set forth in Section 4 hereof**. Upon each such
delivery, the United States standard airworthiness certificate issued for the Aircraft shall
be present on board the Aircraft, and said standard airworthiness certificate shall be
effective in accordance with FAR 21.181(a)(1). Lessor shall not be liable for delay or failure
to furnish the Aircraft pursuant to this Agreement when such failure is caused by government
regulation or authority, mechanical difficulty, war, terrorism, civil commotion, strikes or
labor disputes, weather conditions, or acts of God. |
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| 2.3 |  | **Non-Exclusivity**. Lessee and Lessor acknowledge that the Aircraft is leased to Lessee on a
non-exclusive basis, and that the Aircraft shall, at other times, be operated by Lessor and
may be otherwise subject to lease to others during the Term at Lessor’s sole discretion.
During any period during which the Lessor or any other person or entity is utilizing the
Aircraft, Lessee’s leasehold rights to possession of the Aircraft under this Agreement shall
temporarily abate, but all other provisions of this Agreement shall nevertheless continue in
full force and effect. |